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Distribution: weekly

  • Back in news: Criminalization of Marital Rape

    rape

    The Supreme Court has agreed to hear a series of petitions seeking to criminalise marital rape.

    What is Marital Rape?

    • Marital rape is the act of sexual intercourse with one’s spouse without her consent.
    • It is no different manifestation of domestic violence and sexual abuse.
    • It is often a chronic form of violence for the victim which takes place within abusive relations.

    Status in India

    rape

    • Historically considered as right of the spouses, this is now widely classified as rape by many societies around the world.
    • In India, marital rape is not a criminal offense (as protected under IPC section 375).
    • India is one of fifty countries that have not yet outlawed marital rape.

    Recent observations by Delhi HC

    • Spousal intimacy: In a marriage, conjugal expectation is a two-way street, where “consent is given as a part of spousal intimacy although the will to engage may be absent”.
    • Need for written agreement: If every such case is treated as marital rape, then the only way partners in a marriage may survive would be by drawing up a detailed written agreement.
    • Burden of evidentiary record: This would lead to creating a detailed evidentiary record of every act of intimacy and/or by inviting a third party to act as a witness.
    • Defying marital obligations: The HC said that marriage was accompanied by obligations that the partners had to bear, including conjugal expectations, financial obligations and, finally, duty towards progeny.
    • Sexual liberty of spouses: The bench also underlined the signs of injury on a partner need not necessarily mean there had been non-consensual sex as “in the age of sexual liberation”, injuries could be a sign of “passion”.
    • Cruelty not rape: Forced sexual intercourse between a husband and wife cannot be treated as rape. At worst, it can be treated as sexual abuse found in Section 3 of the Domestic Violence Act.
    • Clash of ego: A wife cannot prescribe a particular punishment that can be imposed on the husband ‘to satisfy her ego’,” the HC said.

    Reasons for rebuttal of this concept

    • The reluctance to define non-consensual sex between married couples as a crime and to prosecute has been attributed to:
    1. Traditional views of marriage
    2. Interpretations of religious doctrines
    3. Ideas about male and female sexuality
    4. Cultural expectations of subordination of a wife to her husband
    • It is widely held that a husband cannot be guilty of any sexual act committed by himself upon his lawful wife their on account of their mutual matrimonial consent.

    Why it must be a crime?

    • Associated physical violence: Rape by a spouse, partner or ex-partner is more often associated with physical violence.
    • Mental harassment: There is research showing that marital rape can be more emotionally and physically damaging than rape by a stranger.
    • Compulsive relationship: Marital rape may occur as part of an abusive relationship.
    • Revengeful nature: Furthermore, marital rape is rarely a one-time event, but a repeated if not frequent occurrence.
    • Obligation on women: In the case of marital rape the victim often has no choice but to continue living with their spouse.

    Violation of fundamental rights

    • Marital rape is considered as a violation of FR guaranteed under Article 14 of the Indian constitution which guarantees the equal protection of laws to all persons.
    • By depriving married women of an effective penal remedy against forced sexual intercourse, it violates their right to privacy and bodily integrity, aspects of the right to life and personal liberty under Article 21.

    Problems in prosecuting marital rape

    • Lack of awareness: A lack of public awareness, as well as reluctance or outright refusal of authorities to prosecute is common globally.
    • Gender norms: Additionally, gender norms that place wives in subservient positions to their husbands, make it more difficult for women to recognize such rape.
    • Acceptability of the concept: Another problem results from prevailing social norms that exist.

    Present regulations in India

    • Indian Penal Code criminalizes rape in most cases, although marital rape is not illegal when the woman is over the age of 18.
    • However, until 2017, men married to those between 15 and 18 could not be convicted of rape.
    • Marital rape of an adult wife, who is unofficially or officially separated, is a criminal offence punishable by 2 to 7 year in prison; it is not dealt by normal rape laws which stipulate the possibility of a death sentence.
    • According to the Protection of Women From Domestic Violence Act (2005), other married women subject to such crime by their husband may demand for financial compensation.
    • They also have the right to continue to live in their marital household if they wish, or may approach shelter or aid homes.

    However, marital rape is still not a criminal offence in this case and is only a misdemeanour.

    Arguments against criminalization

    • Subjective: It is very subjective and intricate to determine whether consent was acquired or not.
    • Prone to Misuse: If marital rape is criminalized without adequate safeguards it could be misused like the current dowry law by the dissatisfied wives to harass and torture their Husbands.
    • Burden on Judiciary: It will increase the burden of judiciary which otherwise may serve other more important causes.

    Way forward

    • Sanctioning marital rape is an acknowledgement of the woman’s right to self-determination (i.e., control) of all matters relating to her body.
    • In the absence of any concrete law, the judiciary always finds it difficult to decide the matter of domestic rape in the absence of solid evidence.
    • The main purpose of marriage is procreation, and sometimes divorce is sought on the ground of non-consummation of marriage.
    • Before giving a final interpretation, the judiciary must balance the rights and duties of both partners.

     

  • Chinese firm to build Solomon Islands Port Project

    solomon

    A Chinese state-backed company has won a contract to develop Honiara, a key port in the Solomon Islands. This is a major victory for China, which is seeking to gain a strategic foothold in the South Pacific.

    Why discuss this?

    • The Solomon Islands have become a focal point in the diplomatic tussle between China and the US, following the signing of a secret security pact between the Solomons and Beijing in 2022.
    • This has raised concerns that China may be establishing a permanent naval base in the country.

    About Solomon Islands

    • The Solomon Islands is a sovereign country consisting of six major islands and over 900 smaller islands in Oceania, to the east of Papua New Guinea and northwest of Vanuatu.
    • Its capital, Honiara, is located on the largest island, Guadalcanal.
    • It is part of the ethnically Melanesian group of islands in the Pacific and lies between Papua New Guinea and Vanuatu.
    • The country takes its name from the Solomon Islands archipelago, which is a collection of Melanesian islands that also includes the North Solomon Islands (a part of Papua New Guinea).
    • It excludes outlying islands, such as the Santa Cruz Islands and Rennell and Bellona.

    Quick recap of its past

    • The islands, which were initially controlled by the British Empire during the colonial era, went through the hands of Germany and Japan.
    • It then went back to the UK after the Americans took over the islands from the Japanese during World War II.
    • The islands became independent in 1978 to become a constitutional monarchy under the British Crown, with a parliamentary system of government.
    • Nevertheless, its inability to manage domestic ethnic conflicts led to close security relations with Australia, which is the traditional first responder to any crisis in the South Pacific.

    How did China enter the picture?

    • Earlier this year, the Solomon Islands established a security agreement with China, saying it needed Beijing’s assistance with its domestic security situation.
    • But the announcement had rattled the west, esp. the US, Australia and others in the Indo-Pacific region.
    • The concerns were that the agreement could potentially lead to a Chinese military base on the island nation and a gain in power-projection capabilities.
    • At that time, following intense scrutiny, the Solomon Islands had denied that the agreement would allow China to establish a naval base.

    What is the Solomon Islands’ stance?

    • The government has asked all partner countries with plans to conduct naval visits or patrols to put them on hold until a revised national mechanism is in place.
    • The revised national mechanism applied to all foreign vessels seeking access to the country’s ports.
    • The nation wanted to build up its own naval capacity.
    • It has some unfortunate experiences of foreign naval vessels entering its waters without any diplomatic clearance.

    What is behind China’s growing influence in the region?

    • There is no dispute that China has been rapidly increasing its presence and influence in the region for over three decades, particularly in the South Pacific.
    • Certainly Beijing views the Pacific Island region as an important component of its Belt and Road Initiative (BRI).
    • Specifically, it sees the region as a critical air freight hub in its so-called Air Silk Road, which connects Asia with Central and South America.

    Concerns of the West

    • The port project could open the door to a Chinese naval base, which would significantly extend China’s military reach in the South Pacific.”
    • It is likely that this security agreement between China and the Solomon Islands has been driven by, what the CFR calls, Beijing’s “sense of vulnerability” in the region.

    What is the rationale for the Solomon Islands’ increasing proximity to China?

    • The Solomon Islands had cultivated strong ties with Taiwan, which ended with the emergence of the current government in Honiara.
    • In 2019, the regime change switched Taiwan for China.
    • This was supposedly after Beijing offered half a billion US dollars in financial aid, roughly five times what Taiwan spent on the islands in the past two decades.
    • It has been alleged by the pro-Taiwan Opposition that the incumbent government has been bribed by China.

    Why is China interested in the Solomon Islands?

    • Isolating Taiwan: The Solomon Islands was one among the six Pacific island states which had official bilateral relations with Taiwan.
    • Supporter in UN: The small Pacific island states act as potential vote banks for mobilising support for the great powers in international fora like the United Nations.
    • Larger EEZ: These states have disproportionately large maritime Exclusive Economic Zones when compared to their small sizes.
    • Natural resources: Solomon Islands, in particular, have significant reserves of timber and mineral resources, along with fisheries.
    • Countering US: But more importantly, they are strategically located for China to insert itself between America’s military bases in the Pacific islands and Australia.

    What does this mean for the established geopolitical configuration in the region?

    • Diminishing western influence: The Pacific islands, in the post-World War II scenario, were exclusively under the spheres of influence of the Western powers, in particular, the US, UK, France and Australia and New Zealand.
    • Inserting into western hegemony: All of them have territorial possessions in the region, with the three nuclear powers among them having used the region as a nuclear weapons testing ground.
    • Shifting of dependencies: The smaller island nations of the region are heavily dependent on them, especially Australia as it is a resident power.
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  • Places in news: Sharda Peeth

    sharda

    Home Minister said that the government will move forward to open Sharda Peeth on the lines of the Kartarpur corridor.

    Why in news?

    • Activists request that the Sharda Peeth corridor should be made operational on the lines of Nankana Sahib Gurudwaras and the Kartarpur corridor in Pakistan.

    Sharda Peeth

    • Sharda Peeth is a Hindu temple located in the Neelam Valley in Pakistan-occupied Kashmir.
    • It is considered one of the 18 Maha Shakti Peethas, or major shrines, of the Hindu goddess Shakti.
    • The temple is an important pilgrimage site for Hindus, particularly those from the Kashmir Valley.

    History and Significance

    • The temple is believed to have been established in the 6th century CE by Adi Shankaracharya, a famous Hindu philosopher and saint.
    • Sharda Peeth became an important center of learning and scholarship during the medieval period, attracting scholars from all over India and even from as far as Central Asia.
    • The temple was destroyed several times by invading armies and underwent major renovations and restorations under various rulers over the centuries.
    • The temple’s importance declined during the colonial period and it fell into disrepair in the years following India’s partition in 1947.

    Current rundown state and Controversy

    • Sharda Peeth is now located in a remote and inaccessible part of Pakistan-administered Kashmir and has become a subject of political and religious controversy.
    • The Indian government has long sought to open a pilgrimage corridor to Sharda Peeth for Hindu devotees, but this has been complicated by the ongoing conflict and tension between India and Pakistan over Kashmir.
    • In recent years, there have been calls for the temple to be handed over to India or for it to be converted into a museum that can be visited by people from both sides of the border.

    Significance in Kashmiri Identity

    • Sharda Peeth is an important part of Kashmiri Hindu identity and culture, and its restoration and revival have been a longstanding demand of the community.
    • Some Kashmiri Pandits view the temple as a symbol of their lost homeland and argue that its restoration would be a step towards reclaiming their cultural and religious heritage.
    • Others, however, caution against politicizing the temple and argue that it should be seen as a shared heritage of all Kashmiris, regardless of their religious or political affiliations.

     

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  • Call Before u Dig Application

    dig

    Prime Minister has launched the ‘Call Before u Dig’ (CBuD) app, to facilitate coordination between excavation agencies and underground utility owners to prevent damage to utilities due to digging.

    Call Before u Dig (CBUD)

    • The app is an initiative of the Department of Telecommunications, Ministry of Communications.
    • Uncoordinated digging and excavation causes damage to underlying assets like optical fibre cables, leading to losses of about Rs 3,000 crore every year.
    • The app aims to prevent damage to utilities due to digging.
    • It will save potential business loss and minimise discomfort to citizens due to reduced disruption in essential services like road, telecom, water, gas and electricity.

    How does the app work?

    • The CBuD app connects excavators and asset owners through SMS/Email notifications and click-to-call.
    • It ensures planned excavations in the country while ensuring the safety of underground assets.
    • Excavating companies can inquire about existing subsurface utilities before starting excavation work.
    • Utility owners can find out about impending work at the location.

     

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  • The Great Nicobar Island Project: Environmental Recklessness or Economic Opportunity?

    Central Idea

    • The ₹70,000 crore Holistic Development of Great Nicobar Island project raises concerns about its ecological impact and the Union government’s hasty clearances, while its feasibility and sustainability remain questionable.

    What is Holistic Development of Great Nicobar Island project is all about?

    • The Holistic Development of Great Nicobar Island project is a major infrastructure development initiative launched by the Indian government in 2020.
    • The Union Ministry of Environment, Forest and Climate Change (MoEFCC) has cleared the way for the ‘Holistic Development of Great Nicobar Island project.
    • The project aims to transform the Great Nicobar Island, the largest island in the Nicobar group of islands in the Bay of Bengal, into a modern, sustainable, and self-sufficient territory.
    • The project includes an international transhipment port, an international airport, a gas and solar-based power plant, and an ecotourism and residential township.

    Environmental and Ecological Concerns

    1. Quick Clearances and Exemptions: The project’s quick approvals, clearances, exemptions, and de-notifications indicate the Union government’s keenness to implement it.
    2. Urbanization and Biodiversity: The project is expected to attract a population equal to the entire island chain, with potential negative impacts on the region’s marine and terrestrial biodiversity.
    3. Biosphere Reserve and Tribal Reserves: The island was declared a biosphere reserve in 1989 and is home to vulnerable tribal communities, such as the Nicobarese and Shompen.

    Feasibility and Sustainability Issues

    1. Hinterland Economic Activities: A successful transhipment hub requires viable hinterland economic activities, which may be wishful thinking in Great Nicobar.
    2. Afforestation and Coral Reef Translocation: The far-field afforestation recommendation and coral reef translocation are questionable compensation methods.
    3. Tectonic Instability: Great Nicobar Island’s proximity to the Ring of Fire and its history of earthquakes raise concerns about the feasibility of developing an urban port city.

    Facts for Prelims: Andaman and Nicobar Islands (ANI)

    • Location: Located between 6° and 14° North Latitude and 92° and 94° East Longitude lie the Andaman and Nicobar Islands, a union territory in India.
    • Two groups of Island: It consists of two groups of islands. The islands located north of 10° north latitude are known as Andaman while islands located south of 10° north latitude are called Nicobar.
    • The Andamans: More than 300 islands make up the Andamans. North, Middle, and South Andaman, known collectively as Great Andaman, are the main islands;
    • The 10- degree channel: The 10-degree channel which is about 145 km long separates Little Andaman in the south from the Nicobar Islands.
    • The Nicobars: The Nicobars consists of 19 islands. Among the most prominent is Car Nicobar in the north; and Great Nicobar in the south. About 90 miles to the southwest of Great Nicobar lies the northwestern tip of Sumatra, Indonesia.
    • Formation: Both the Andaman and Nicobar groups are formed by the above-sea extensions of submarine ridges of mountains and are a part of a great island arc. The highest peak is 2,418 feet at Saddle Peak on North Andaman, followed by Mount Thullier at 2,106 feet on Great Nicobar and Mount Harriet at 1,197 feet on South Andaman. Barren island, the only known active Volcano in south Asia lies in the Andaman Sea. In the late 20th and early 21st centuries, there were volcanic eruptions on Barren Island.
    • Andaman Terrain: Formed of sandstone, limestone, and shale of Cenozoic age, the terrain of the Andamans is rough, with hills and narrow longitudinal valleys. Flat land is scarce and is confined to a few valleys.
    • Nicobar Terrain: The terrain of the Nicobar is more diverse than that of the Andamans. Some of the Nicobar Islands, such as Car Nicobar, have flat coral-covered surfaces with offshore coral formations that prevent most ships from anchoring. Other islands, such as Great Nicobar, are hilly and contain numerous fast-flowing streams.
    • Great Nicobar is the only island in the territory with a significant amount of fresh surface water.
    • Climate: The climate of the Andaman and Nicobar Islands is tropical but is moderated by sea.

    Conclusion

    • The Great Nicobar Island project’s ecological and environmental costs, along with its questionable feasibility and sustainability, raise concerns about India’s commitment to conservation, sustainability, and green development models. It is crucial that the green developmental model becomes the guiding principle for future economic activities, ensuring that growth does not result in irretrievable loss of natural capital.

    Mains Question

    Q. Recently Union Ministry of Environment, Forest and Climate Change (MoEFCC) has cleared the way for the Holistic Development of Great Nicobar Island project. In this backdrop, discuss environmental and ecological concerns and sustainability issues.

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  • The Global Security Initiative (GSI) : China’s Sincere Effort or a Mere Counter-Narrative?

    Central Idea

    • The Global Security Initiative (GSI), a China-led framework aiming to restore stability and security in Asia, appears to be more of a counter-narrative to U.S. leadership rather than a genuine attempt to establish a sustainable security order.

    What is GSI?

    • The GSI was introduced by Chinese Minister of Foreign Affairs Qin Gang at the Lanting Forum in Beijing.
    • The initiative is based on five pillars: mutual respect, openness and inclusion, multilateralism, mutual benefit, and a holistic approach.

    Analysis: China’s track record shows a different picture than what the GSI envisions

    1. Mutual Respect and Adherence to International Law:
    • China’s relations with neighbors like India and Southeast Asian countries demonstrate a lack of respect for their sovereignty and territorial integrity.
    • China’s assertive manoeuvres in the South China Sea, rejection of UNCLOS, and undermining of India’s territorial integrity are at odds with the GSI’s first principle.
    1. Openness and Inclusion:
    • Despite advocating for openness and inclusion, China engages in exclusionary policies in the East and South China Seas, rejecting freedom of navigation and consolidating its sphere of influence.
    1. Multilateralism and Security Cooperation:
    • China’s involvement in multilateral institutions often involves asymmetric power relations, as seen in its dealings with ASEAN members.
    • Its delay in establishing a Code of Conduct for the South China Sea and ongoing militarization in the region undermine this principle.
    1. Mutual Benefit:
    • China’s Belt and Road Initiative (BRI) has the potential to benefit all parties involved. However, its funding of unsustainable projects for countries with low credit ratings creates debt burdens and destabilizes international macroeconomic stability.
    • China’s insistence on a larger share in joint resource exploration with the Philippines is another example of disregarding mutual benefit.
    1. Holistic Approach:
    • China’s rise in a transitioning multipolar international system has led to power competitions with established and rising powers, such as the U.S. and India.
    • Its engagements with these powers indicate a narrowly defined goal for its power interests. Furthermore, China’s involvement in non-traditional security threats, such as the COVID-19 pandemic and arming terror groups, shows a lack of holistic approach.

    Conclusion

    • China’s rise in a transitioning multipolar international system has led to power competitions with established and rising powers, and its involvement in non-traditional security threats shows a lack of holistic approach. It’s Global Security Initiative, which is a vision of a future security order, is vastly different from China’s recent track record of external engagement.

    Mains Question

    Q. What is China’s Global Security Initiative (GSI)? It is said that China’s GSI is vastly different from China’s recent track record of external engagement. Discuss

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  • Key takeaway of the IPCC Synthesis Report

    ipcc

    The IPCC Synthesis Report warns that the world is on track to breach the 1.5-degree Celsius global warming limit by the 2030s, which would cause irrevocable damage to the planet’s ecosystem and severely impact humans and other living beings.

    What is IPCC Synthesis Report?

    • The IPCC Synthesis Report is a summary report produced by the Intergovernmental Panel on Climate Change (IPCC) that presents key findings and policy recommendations from the group’s previous assessment reports.
    • It aims to provide policymakers with a concise overview of the current state of knowledge on climate change, its impacts, and options for mitigation and adaptation.
    • The Synthesis Report is released at the end of each assessment cycle, which typically takes six to seven years, and is approved by representatives from the IPCC’s member governments.

    Intergovernmental Panel on Climate Change (IPCC)

    • The IPCC, an intergovernmental body was established in 1988 by the World Meteorological Organization (WMO) and the United Nations Environment Programme (UNEP).
    • It was later endorsed by the UN General Assembly. Membership is open to all members of the WMO and UN.
    • The IPCC produces reports that contribute to the work of the UN Framework Convention on Climate Change (UNFCCC), the main international treaty on climate change.

     

    Key highlights of the synthesis report

    • Climate extremes on rise: Due to the current global warming levels, almost every region across the planet is already experiencing climate extremes, an uptick in deaths due to heatwaves, reduced food and water security, and damage to ecosystems, causing mass extinction of species on land and in the ocean.
    • High vulnerability: More than three billion people live in areas that are “highly vulnerable” to climate change.
    • Boost up climate finance: The largest gaps in climate finance are in the developing world, but so too are the largest opportunities.

    Key concerns raised

    The report highlights the urgent need for-

    • Limiting the use of fossil fuels
    • Increasing finance to climate investments
    • Expanding the clean energy infrastructure,
    • Reducing nitrogen pollution from agriculture, curtail food waste, and
    • Adopting measures to make it easier for people to lead low-carbon lifestyles

    Conclusion

    • The report adds that there is still a chance to avert this mass-scale destruction, but it would require an enormous global effort to slash greenhouse gas emissions in half by 2030 and completely phase them out by 2050.
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  • What is the Interpol, and what is a Red Notice?

    interpol

     

    In a major setback to Indian agencies, Interpol has taken down from its website the Red Notice against a fugitive who is wanted in connection with the ₹13,578-crore Punjab National Bank fraud cases.

    What is the news?

    • The person whom the Union Ministry of Home Affairs has listed as a “terrorist” under the Unlawful Activities (Prevention) Act (UAPA).

    Why has Interpol rejected India’s request?

    • The Interpol has said that India has failed to provide sufficient information to support its case.
    • It criticized the UAPA for being misused to target minority groups and human rights activists without “respecting” their right to due process and a fair trial.
    • While acknowledging the separatists leader, the Interpol has said that his activities have a “clear political dimension”, which cannot be the subject of a Red Corner Notice.

    What is the Interpol?

    • The Interpol, or International Criminal Police Organization, is an inter-governmental organization comprising 195 member countries, which helps police forces in all these countries to better coordinate their actions.
    • It enables member countries to share and access data on crimes and criminals and offers a range of technical and operational support.
    • It is run by a secretary general with its headquarters in Lyon, France, with a global complex for innovation in Singapore, and several satellite offices in different regions.
    • India accepted Interpol membership in June 1956.

    How does it function in member countries?

    • Interpol has a National Central Bureau (NCB) in each member country, which is the central point of contact for both the general secretariat and the other NCBs around the world.
    • Each NCB is run by police officials of that country, and usually sits in the government ministry responsible for policing. (MHA in case of India.)
    • Interpol manages 19 police databases with information on crimes and criminals (from names and fingerprints to stolen passports), accessible in real-time to countries.
    • It also offers investigative support such as forensics, analysis, and assistance in locating fugitives around the world.

    What is a Red Notice?

    • Criminals or suspects often flee to other countries to evade facing justice.
    • A Red Corner Notice, or Red Notice (RN) alerts police forces across the world about fugitives who are wanted internationally.
    • Red Notices are issued for fugitives wanted either for prosecution or to serve a sentence.
    • A Red Notice is a request to law enforcement worldwide to locate and provisionally arrest a person pending extradition, surrender, or similar legal action.
    • An RN is published by Interpol at the request of a member country.

    Indian fugitives on this RN

    • Among the most popular Indians on this list are jeweller Mehul Choksi and diamantaire Nirav Modi.

    Is an RN a warrant of arrest?

    • An RN is only an international wanted persons’ notice; it is not an international arrest warrant.
    • Interpol itself does not want individuals; they are wanted by a country or an international tribunal.
    • This means the Interpol cannot compel law enforcement authorities in any country to arrest the subject of an RN.
    • It is up to individual member countries to decide what legal value to give to an RN, and the authority of their national law enforcement officers to make arrests.
    • Interpol says that an RN must comply with its constitution and rules.
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  • What is the National Security Act, 1980?

    Punjab Advocate General has confirmed the invocation of National Security Act (NSA) to Amritpal Singh’s case.

    National Security Act, 1980

    • The NSA was passed by the Parliament in 1980 and has been amended several times since then.
    • It empowers the state to detain a person without a formal charge and without trial.
    • It is invoked when a person is taken into custody to prevent them from acting in any manner prejudicial to “the security of the state” or for “maintenance of the public order”.
    • It is an administrative order passed either by the Divisional Commissioner or the District Magistrate.

    Grounds for detention under NSA

    • NSA can be invoked to prevent a person from acting in any manner prejudicial to the defence of India, relations of India with foreign powers or the security of India.
    • Among others, it can also be applied to prevent a person from acting in any manner prejudicial to the maintenance of supply and services essential to the community.
    • An individual can be detained without a charge for a maximum period of 12 months.
    • The detained person can be held for 10 to 12 days in special circumstances without being told the charges against them.

    Protection available under the Act

    • One crucial procedural safeguard under the NSA is granted under Article 22(5).
    • All the detained persons have the right to make an effective representation before an independent advisory board.
    • The board is chaired by a member who is, or has been, a judge of a high court.
    • The DM who passes the detention order is protected under the Act and no prosecution or any legal proceeding can be initiated against the official who carries out the orders.

    Cases for misuse

    • The Supreme Court in earlier cases had held that to prevent “misuse of this potentially dangerous power, the law of preventive detention has to be strictly construed”.
    • “Meticulous compliance with the procedural safeguards” has to be ensured.

    Criticism of NSA

    • Human rights groups have said in the past that the Act vitiates Article 22 of the Constitution and various provisions under the CrPC that safeguard the interest of an arrested person.
    • Under the CrPC, the arrested person has to be produced before the nearest Magistrate within 24 hours, but the NSA carves out an exception.
    • Some human rights groups argue that it is often misused by authorities to silence political opponents or those who are critical of the government.
    • There have been calls for the Act to be repealed or amended to prevent its abuse.
    • However, there is an opposing view that the Act cannot be construed to be a draconian law as it protects the larger interest of the state and is therefore likely to stay.

    Try this MCQ:

    Which of the following is a true statement about the National Security Act, 1980?

    A) The Act allows preventive detention only for specific violations of the law.

    B) The detained person has the right to move a bail application before a criminal court.

    C) A person can be detained under the Act only if he/she has been charged with a crime.

    D) The Act can be invoked to prevent a person from acting in any manner prejudicial to the defence of India, relations of India with foreign powers or the security of India.

     

    [wpdiscuz-feedback id=”htwrua4s2w” question=”Please leave a feedback on this” opened=”1″]Post your answers here.[/wpdiscuz-feedback]

     

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  • HDI: Addressing India’s Subnational Human Development

    Central Idea

    • India is now one of the fastest-growing economies globally. However, this growth has not resulted in a corresponding increase in its Human Development Index (HDI). According to the Human Development Report of 2021-22, India ranks 132 out of 191 countries, behind Bangladesh (129) and Sri Lanka (73).

    Facts for Prelims: Human Development Index (HDI)

    • Composite statistical measure by UNDP: The HDI is a composite statistical measure created by the United Nations Development Programme to evaluate and compare the level of human development in different regions around the world.
    • As an alternative with broader aspects: It was introduced in 1990 as an alternative to conventional economic measures such as Gross Domestic Product (GDP), which do not consider the broader aspects of human development.
    • Aspects: The HDI assesses a country’s average accomplishment in three aspects 1. A long and healthy life, 2, knowledge, and 3. A decent standard of living.
    • India ranks 132 out of 191 countries in the HDI 2021.

    The subnational HDI: A new index

    • Given India’s large size and population, it’s critical to address subnational or state-wise disparities in human development.
    • A new index has developed by using the methodology suggested by the UNDP and the National Statistical Office (NSO), which measures human development on a subnational level for 2019-20.

    HDI Calculation

    • The HDI is calculated using four indicators: life expectancy at birth, mean years of schooling, expected years of schooling, and Gross National Income (GNI) per capita.
    • The subnational HDI uses GSDP per capita as a proxy indicator for GNI since GNI per capita estimates are unavailable at the subnational level.
    • The methodology involves calculating the geometric mean of the normalised indices for the three dimensions of human development while applying the maximum and minimum values recommended by the UNDP and NSO.

    Subnational HDI Findings

    • The subnational HDI shows that while some states have made considerable progress, others continue to struggle. Delhi occupies the top spot and Bihar occupies the bottom spot.
    • The five states with the highest HDI scores are Delhi, Goa, Kerala, Sikkim, and Chandigarh. Nineteen states, including Kerala, Maharashtra, Tamil Nadu, Haryana, Punjab, Telangana, Gujarat, and Andhra Pradesh, have scores ranging between 0.7 and 0.799 and are classified as high human development states.
    • The bottom five states are Bihar, Uttar Pradesh, Madhya Pradesh, Jharkhand, and Assam, with medium levels of human development.

    Reasons for Discrepancies

    1. The economic growth has been unevenly distributed, with the top 10% of the Indian population holding over 77% of the wealth. This has resulted in significant disparities in access to basic amenities, healthcare, and education.
    2. While India has made significant progress in reducing poverty and increasing access to healthcare and education, the quality of such services remains a concern.

    Conclusion

    • The government needs to prioritize human development alongside economic growth to ensure that the benefits of growth are more evenly distributed, and it requires a multi-faceted approach to address various issues such as income inequality, gender inequality, access to quality social services, environmental challenges, and social infrastructure investment. India must prioritize investments in human development and job creation, particularly for its youth, to realize its demographic dividend.

    Mains Question

    Q. Analyze the performance of different states in terms of their Human Development Index (HDI) and suggest measures that could be taken to address the disparities in human development in the country

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